Cecilia Ihuoma Nwankwo Vs Emmanuel C. Nwankwo (1993)

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BELGORE, J.S.C. 

The applicant, Mrs. Cecilia Ihuoma Nwankwo, was the plaintiff in the trial court where she was victorious against the present respondent, her husband under a marriage by native law and custom. The bone of contention concerned a business name she claimed as solely her own and that the respondent should be restrained from interfering with the business.

The respondent appealed and was successful on all the grounds in the Court of Appeal whereby the trial court judgment was set aside. As a result of the Court of Appeal’s decision the present appellant has appealed. By motion on notice in this court the appellant prayed as follows:

“1. An order granting leave to the appellant/applicant to amend her Notice of Appeal as follows:

(i) GROUND 1: To delete ground 1 in the Notice of Appeal entirely and to add a fresh ground of appeal as ground I vide the proposed amended Notice of Appeal exhibited.

(ii) GROUND 2: To delete paragraph (v) of the particulars of error, vide the proposed amended Notice of Appeal.

(iii) GROUND 3: To delete paragraph (ii) of the particulars and add a new paragraph (ii) as shown, underlined in the proposed amended Notice of Appeal.

(iv) GROUND 4: To delete the words “based on the facts pleaded” in lines 4-5 of paragraph (1) of the particulars.

(v) GROUNDS:

(a) To delete the words “(EMCECO ENGINEERING COMPANY” came into being after the commencement of” at lines 2-3 of paragraphs

(i) of the particulars and add the word “the formation, operation and management of “(EMCECO ENGINEERING COMPANY is governed by.”

(b) To delete the words “upon a proper appraisal of the pleadings and evidence” at paragraph

(iv) of the particulars.

(vi) GROUND 6: To delete paragraph (ii) of the particulars and add a new paragraph (ii) as shown, underlined in the proposed amended Notice of Appeal.